Several IT staffing companies have sued DHS in New Jersey federal court, seeking to block implementation of a February 2018 USCIS H-1b policy memorandum requiring substantially more documentation of need where an employer’s seeks to assign H-1b workers to third-party client sites. The new policy requires, among other things, the employers provide copies of their customers’ contracts that account for the full three year term requested in the H-1b petition.

In their lawsuit, the staffing companies assert that USCIS lacks jurisdiction to define the term “employer,” and that the agency must conduct a public proceeding in order to adopt substantive policy changes of the scope imposed by the February memorandum.

About Charles A. Tievsky

Charles A. Tievsky practices immigration law with a passion for achieving his client’s objectives, and with a clear understanding of the importance to his clients of every immigration, no matter how simple or complex. His clients include well-known multinational corporations, entrepreneurs, software and technology companies, retail businesses…